Surviving Spouse Rights in Washington State

A common question we receive every week is: “What are the surviving spouse rights in Washington State?”

Washington is a community property state; however, a lot of people don’t really know what that means. Please watch our video to get answers to your questions:

Do You Have To File A Probate To Handle Real Estate And Bank Accounts When A Spouse Dies?

Not necessarily. Whether probate is needed depends on the assets, ownership documents, beneficiary arrangements and circumstances of the estate. Some property may pass through a trust or a valid nonprobate arrangement.

Washington also permits an affidavit procedure for certain personal property when the requirements of RCW 11.62.010 are met. Those requirements include a qualifying net probate estate of no more than $100,000, a 40-day waiting period and other conditions.

The affidavit does not itself transfer real estate. Sources: RCW 11.62.010; RCW 11.02.005(14). Ask an attorney to review the estate rather than relying only on its size or whether the deceased owned real estate.

Here are a couple of other clues:

If you have tried to take care of the deceased’s bank account (or other financial accounts) and the bank has told you that you need “Letters Testamentary;” then you must file a probate to obtain Letters Testamentary from the Court.
If you have tried to sell or refinance real estate in which the deceased had a title interest and the lender, escrow company or title company has told you that\ you need “Letters Testamentary;” then you must file a probate to obtain Letters Testamentary from the Court.

What Is Community Property In Washington?

Property acquired during marriage is not always community property. Washington recognizes separate property, including property owned before marriage and property acquired by gift or inheritance. Community property is generally property acquired during marriage that is not separate property. Either spouse may generally manage community property, but statutory exceptions require both spouses’ participation for certain transactions, including conveyances of community real estate. Sources: RCW 26.16.010; RCW 26.16.030. Review the property’s history and the proposed transaction before deciding what either spouse can do.

What Happens To Community Property When One Spouse Dies?

A surviving spouse’s ownership rights and the need for estate administration are separate questions. Generally, the survivor retains one-half of the community property. The deceased spouse’s half may pass under a valid will; if it passes by intestacy, the surviving spouse receives the deceased spouse’s share of the net community estate. Separate property follows different inheritance rules. Debts, estate administration and valid nonprobate arrangements can also affect how property is handled. Sources: RCW 11.02.070; RCW 11.04.015(1).

How Does Property Ownership Relate To Probate Administration?

Washington law distinguishes title vesting from probate administration. Under RCW 11.04.250, a deceased owner’s real-estate interest vests in heirs or devisees at death, subject to debts, family allowances, administration expenses and other lawful charges; a person is not treated as a devisee until the will has been probated. Source: RCW 11.04.250. Probate or other documentation may still be needed to administer the estate or complete a sale or refinance. Have the title and estate documents reviewed before deciding which procedure is required.

If your estate documents include a community property agreement, read our explanation of community property agreements in Washington and discuss the agreement with an attorney.

Meet Our Firm:

Preparing for your initial consultation with our firm is easy. We answer surviving spouse rights for Washington State questions every week. Please watch our video so that you know what to expect during your meeting with probate lawyer Chris Benson:

For information about the probate process in Washington, please click on this link.

Surviving Spouse Rights in Washington State